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Pakistan’s Media-Muzzling Judiciary

UmarJustice

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Pakistan’s judicial system has won plaudits for taking on military dictatorships. But it’s increasingly receiving flack for overstepping its powers.

Earlier this year, the International Commission of Jurists, a Geneva-based nongovernmental organization of judges and lawyers, criticized the Supreme Court for launching too many of its own investigations rather than responding to plaintiffs’ cases.

The courts’ activism risked destabilizing the balance of power between the judiciary and government, the commission said in a report.

Now, Human Rights Watch, the U.S.-based rights advocacy, has criticized Pakistan’s courts for using their powers to muzzle media reports that are negative about the judicial system.

Human Rights Watch cited a number of recent examples of cases in which Pakistani judges have ordered Pakistan media regulators to stop television stations from airing criticism of the judiciary.

Last month, the organization said, the Islamabad High Court ordered regulators not to air material that defamed Chief Justice Iftikhar Muhammad Chaudhry or other judges. This month, the court issued a contempt of court notice to the chief executive of ARY, a private television channel, for broadcasting a show that criticized Mr. Chaudhry, Human Rights Watch said.

“No branch of government, including the courts, should be immune from public opinion in a democratic society,” said Brad Adams, Asia director for Human Rights Watch. “Pakistan’s judges have demonstrated the independence to hold the government accountable. But their credibility will be lost so long as they fight against scrutiny and accountability of the judiciary itself.”

Mr. Chaudhry could not be reached. A spokesman for the Supreme Court declined to comment.

Pakistan’s judiciary led protests that toppled an unelected military president and brought democracy back to the country in 2008, winning it praise. Since then, it’s been locked in a struggle with the democratically-elected government of President Asif Ali Zardari.

The court earlier this year ordered the dismissal of the country’s prime minister over his refusal to reopen graft investigations into Mr. Zardari. The new prime minister this month followed the court’s order to restart the corruption probe.

Mr. Zardari denies wrongdoing and his supporters claim the judiciary has become politicized. The court and its backers say they are only fighting against widespread corruption in government.

Another new report – by the World Justice Project, a U.S.-headquartered nongovernment group – also paints a negative picture of the rule of law in Pakistan.

The report, which will be formally released Wednesday, scores Pakistan among the lowest-ranked countries in the world for eight areas of the rule of law.

Pakistan was ranked 91 out of 97 countries for the quality of its civil justice system and placed 80 for its criminal justice system. The country came 90th on corruption and placed last globally for order and security, largely due to an ongoing Taliban insurgency.

“Pakistan shows weaknesses in most dimensions when compared to its regional and income group peers,” the report says.

“Low levels of government accountability are compounded by the prevalence of corruption, a weak justice system, and a poor security situation, particularly related to terrorism and crime.”

Pakistan’s Media-Muzzling Judiciary - India Real Time - WSJ
 
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